Watson v. St. Paul City Railway Co.
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Ram•sey county, Wilkin, J., presiding, refusing a new trial after verdict ■of.$4,000 for plaintiff. The action was for personal injuries to plaintiff, a passenger in a car upon defendant’s cable line, resulting from •alleged negligence of defendant.
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Appeal by defendant from an order of the district court for Ram•sey county, Wilkin, J., presiding, refusing a new trial after verdict ■of.$4,000 for plaintiff. The action was for personal injuries to plaintiff, a passenger in a car upon defendant’s cable line, resulting from •alleged negligence of defendant. The remarks of plaintiff’s counsel referred to in the opinion, were made in his closing address to the jury, and were to the effect that there was no defence and none should have been attempted; and that in a ease which he defended for the .Northern Pacific Railroad Co. where it was…
1Opinion of the CourtVanderburgh, J.
1. A struck jury was summoned in this case, 'and upon the trial, the requisite number not appearing, the sheriff *47was ordered to summon a sufficient number of talesmen to completetbe panel. The court refused to allow any peremptory challenges to any of the jurors, on the ground that such challenges are not allowed or contemplated by the statute providing for such juries. We think the court ruled correctly. The provision for striking takes the place of the right to peremptory challenges. 1 Thomp. Trials, § 43; Blanchard v. Brown, 1 Wall. Jr. 309; Branch v. Dawson, 36 Minn. 193, (30 N. W. Rep.…
2Cases cited5 opinions
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
- Loucks v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1884
- Branch v. DawsonSupreme Court of Minnesota · 1886
- Horton v. ChadbournSupreme Court of Minnesota · 1883
- Blanchard v. BrownU.S. Circuit Court for the District of Pennsylvania · 1849
3Cited by12 opinions
- Martin v. ParkinsNorth Dakota Supreme Court · 1927
- Pengilly v. J. I. Case Threshing Machine Co.North Dakota Supreme Court · 1902
- Jangula v. KlocekSupreme Court of Minnesota · 1969
- Malmstad v. McHenry Telephone Co.North Dakota Supreme Court · 1914
- Riley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1898
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